1 2025:CGHC:56801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8832 of 2025 Arun Kumar Bhagat (The Name Of As Per The F.I.R.) S/o Rajeev Bhagat Aged About 35 Years R/o Village Jholanga, Police Station Lodam, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Lodam, District- Jashpur (C.G.) ... Respondent For Applicant : Shri Jitendra Kumar Saxena, Advocate. For Respondent/State : Ms. Ankita Shukla, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.35/2025 registered at Police Station Lodam, District-Jashpur (C.G.) for the offence punishable under Sections 87, 64, 61(2), 351(3) of Bhartiya Nyay Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.24 11:03:42 +0530 2 2. Case of the prosecution, in brief, is that on 14.08.2024 the prosecutrix lodged report at Police Station, Lodam to the effect that the applicant has committed sexual intercourse with her since 15.10.2022 on the pretext of marriage and on 20.05.2024, the applicant executed an agreement mentioning that he will perform marriage with the prosecutrix, but on 24.06.2024 the applicant has refused to perform marriage with her. On the basis of said report, the offence under Section 376, 376(2)(n), 323 of IPC was registered against the applicant in Crime No. 43/2024. The applicant applied for grant of bail and he was granted bail by the court below. Subsequently the charge sheet was filed in the aforesaid crime and the trial was started in S.T. No. 51/2024 before the Additional Sessions Judge, Jashpur. During pendency of trial, the prosecutrix appeared before the trial Court and her evidence was recorded. Thereafter on 25.06.2025 the prosecutrix made another complaint before Police Station, Lodam, alleging therein that on 18.06.2025 the applicant came in the house of prosecutrix and pressurized her for withdrawal of aforesaid criminal case and lifted her in car and took her towards Jogitoli Jungle. where the applicant. has committed sexual intercourse with her. On the basis of said second complaint, the offence U/s 64, 61(1), 87 of B.N.S. have been registered against the applicant. 3. It has been argued by learned counsel for the applicant that earlier also the victim of the present case has lodged an FIR against the applicant in which he has been granted bail and her evidence has been recorded. It is stated that in which she was a consenting party but she lodged an FIR against the applicant for oblique motive and the present FIR has been lodged against the applicant for the offences in question 3 again by the victim on the ground that the applicant had gone to the house of the victim and has pressurized her to withdraw the earlier case which is lodged under section 376 IPC. He would submit that the applicant is in jail since 21/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, perused the statement of the victim under section 183 BNSS it goes to show that though allegation of rape has been levelled but the MLC report goes to show that she has not received any external and general injuries and there is no FSL report, considering the period of detention of the applicant since 21/08/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Arun Kumar Bhagat, involved in Crime No.35/2025 registered at Police Station Lodam, District-Jashpur (C.G.) for the offence punishable under Sections 87, 64, 61(2), 351(3) of Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this 4 condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri